Judge issues temporary restraining order against DHS for Broadview ICE facility conditions
BROADVIEW, Ill. (WLS) -- A judge on Wednesday at the Dirksen Federal Building issued an emergency restraining order over conditions at a Broadview U.S. Immigration and Customs Enforcement processing facility.
The order against the Department of Homeland Security from U.S. District Judge Robert Gettleman will remain in effect until Nov. 19. The matter is set for a status hearing at 10 a.m. that day.
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The government is expected to comply by Friday.
The mandated conditions include:
1. Defendants shall provide all persons detained at Broadview ("Detainee" or "Detainees") overnight in any hold room, cell, or other space (collectively referred to as a "Hold Room") with a clean bedding mat and bedding with sufficient space to sleep;
2. Each Hold Room must be cleaned at least twice each day;
3. Each Hold Room must be furnished with a clock that prominently displays the time and date;
4. Each Detainee shall be furnished with adequate supplies of soap, towels, toilet paper, oral hygiene products (including toothbrushes and toothpaste) and menstrual products for women Detainees;
5. Defendants shall provide showers for each Detainee at least every other day;
6. Defendants shall provide clean toilet facilities;
7. Defendants shall provide each Detainee with at least three full meals per day that meet the U.S. recommended dietary allowances;
8. Defendants shall provide each Detainee with a bottle of potable water with each meal and bottled water upon request free of charge;
9. Defendants shall provide each Detainee with prescribed medication that was within Detainee's possession when arrested, along with any prescribed medications dropped off by family members or the Detainee's counsel for the use of the Detainee. Defendants shall also provide any storage requirements for medications;
10. Defendants shall provide telephone services for each Detainee to communicate with the Detainee's counsel in private and without cost;
11. Defendants shall ensure that all attorney-client communications are carried out in a manner to protect the attorney-client privilege between the Detainee and the Detainee's counsel;
12. All Detainees must be provided upon arrival or as soon thereafter is possible with a list of pro bono attorneys in English and Spanish, and provide interpreter services as necessary, as set forth in the Byers Declaration (ECF 38);
13. Upon arrival at Broadview or as soon thereafter is possible, all Detainees shall be listed on the Locator Online Detainee Locator System of ICE that accurately identifies the location of each Detainee;
14. Defendants shall not misrepresent the contents of any papers they provide to Detainees;
15. Any papers defendants provide to Detainees should include an accompanying Spanish translation, and defendants shall allow Detainees reasonable time and opportunity to read and understand the papers.
In court Tuesday, detainees testified about overcrowded, unsanitary and squalid conditions.
The government asserts six temporary holding cells are cleaned daily and blames Illinois state law for overcrowding.
In court, Assistant U.S. State's Attorney Jana Brady blamed the Illinois TRUST Act for the overcrowding.
"Illinois is unique because it has laws to prevent holding detainees. We can't transfer them to other county or state facilities," she said, adding that "Granting this TRO currently would halt the government's ability to enforce immigration laws in Illinois."
RELATED: Witnesses testify to alleged unsanitary, squalid conditions inside Broadview ICE facility
The judge cited lack of working showers for detainees as reminiscent of a World War II concentration camp.
"I think the government has gotten itself into a jam by rounding up as many people as they have without having facilities to maintain them at," attorney Nate Eimer with Eimer Stahl LLP said. "I think this is something they should have thought about before they rounded up these hundreds of people and stuck them in these rooms. I think they are now going to have to treat them according to constitutional minimums."
The conditions are so deplorable, according to testimony this week, that multiple detainees wept on the stand describing them.
Detainees said there was no access to hygiene products, showers, blankets, beds, medical care, attorneys and little access to food.
SEE ALSO | Faith leaders denied entry to Broadview ICE facility to offer detainees Communion
Gettleman said, "I found the witnesses presented yesterday highly credible ... People shouldn't be sleeping next to overflowing toilets, they shouldn't be sleeping on top of each other, they shouldn't be sleeping on plastic chairs, on concrete floors."
"The judge very quickly determined that the conditions inside the Broadview facility were unconstitutional, disgusting and were unacceptable," said Alexa Van Brunt, with the MacArthur Justice Center.
Plaintiffs also asked for video footage from inside Broadview from the last six months, some of which DHS says is missing.
"It is pretty wild to me that there is missing footage from the 19th of October to the 31st of October, and that covers the time our clients were in Broadview," Van Brunt said.
After the restraining order was issued, Chopper 7 saw a group of detainees appearing to leave the Broadview facility, which could be connected to the new space requirements for sleeping.
